Chapter 11:17 PUBLIC ORDER AND SECURITY ACT

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This document sets out the text of the Act as at the 1st March 2007; it incorporates the substantial amendments made by the Criminal Law

(Codification and Reform) Act [Chapter 9:23] (No. 23 of 2004) and the amendments previously made by section 18 of the General Laws

Amendment Act, 2005 (No. 6 of 2005).

Sections 43 to 46, which amended or repealed other Acts, have been omitted as spent and of no current interest.

Chapter 11:17

PUBLIC ORDER AND SECURITY ACT

Acts 1/2002, 6/2005 (s. 18)1, 23/2004 (s. 2822)

ARRANGEMENT OF SECTIONS

Section

1. Short title. 2. Interpretation. 3. [Repealed] 4. Regulating authorities.

PART I PRELIMINARY

PART II

OFFENCES AGAINST CONSTITUTIONAL GOVERNMENT AND PUBLIC SECURITY

5. [Repealed] 6. [Repealed] 7. [Repealed] 8. [Repealed] 9. [Repealed] 10. [Repealed] 11. [Repealed]

The repealed provisions have not disappeared from the law of Zimbabwe. See now Chapter III ("Crimes against the State")

of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (No. 23 of 2004)

1 General Laws Amendment Act, 2005 (No. 6 of 2005) with effect from 3rd February, 2006.. Section 18 amended many provisions of this Act in order to bring penalty provisions into line with the principles established by the Criminal Penalties Amendment Act, 2001 (No. 22 of 2001). The amendments have not been separately identified in this document.

2 Criminal Law (Codification and Reform) Act [Chapter 9:23] (No. 23 of 2004) with effect from 1st July, 2006 (the "Criminal Law Code"). The Code now covers many of the offences formerly provided for by this Act; section 282 of the Code makes the necessary consequential adjustments to this Act.

Brown! 3/4/07 3:57 PM Formatted: Font:Arial

Public Order and Security Act [Chapter 11:17] as amended at 1st March, 2007

12. [Repealed] 13. [Repealed] 14. Temporary prohibition of possession of certain weapons within particular police districts. 15. [Repealed]. 16. [Repealed]

PART III The whole of this Part, headed Offences Against Public Order, was repealed by the Criminal Law (Codification and Reform) Act [Chapter 9:23] (No. 23 of 2004) with effect from the 1st July 2006. Corresponding offences are now to be found in

Chapter IV ("Crimes against Public Order") of that Act.

PART IV PUBLIC GATHERINGS 23. Interpretation in Part IV. 24. Organiser to notify regulating authority of intention to hold public gathering. 25. Regulation of public gatherings. 26. Prohibition of public gatherings to avoid public disorder. 27. Temporary prohibition of holding of public gatherings within particular police districts. 28. Civil liability in certain circumstances of organiser of public gathering. 29. Dispersal of unlawful public gatherings. 30. [Repealed] 31. [Repealed]

PART V ENFORCEMENT AND PRESERVATION OF PUBLIC ORDER AND SECURITY 32. Persons to carry identity documents. 33. Cordon and search. 34. Powers of stopping and searching 35. Powers of police officers in relation to aircraft, aerodromes and airstrips.

PART VI GENERAL 36. [Repealed] 37. When Defence Forces may assist Police Force under this Act. 38. Powers of seizure and forfeiture in relation to vehicles, aircraft and vessels. 39. Powers of search, seizure and forfeiture generally. 40. Special jurisdiction of magistrates. 41. Amendment of Schedule. 42. Saving of other laws as to riotous gatherings, etc.

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Public Order and Security Act [Chapter 11:17] as amended at 1st March, 2007

43. Amendment of Cap. 4:01. 44. Amendment of Cap. 9:07. 45. Amendment of Cap. 9:15. 46. Repeal of Cap. 11:07.

SCHEDULE: Classes of public gatherings to which Section 24 does not apply.

ACT

To make provision for the maintenance of public order and security in Zimbabwe; to amend the Citizenship of Zimbabwe Act [Chapter 4:01], the Criminal Procedure and Evidence Act [Chapter 9:07] and the Miscellaneous Offences Act [Chapter 9:15]; to repeal the Law and Order (Maintenance) Act [Chapter 11:07]; and to provide for matters connected with or incidental to the foregoing.

ENACTED by the President and the Parliament of Zimbabwe.

[Date of commencement : 21st January, 2002.]

PART I PRELIMINARY

1 Short title This Act may be cited as the Public Order and Security Act [Chapter 11:17].

2 Interpretation In this Act-- "meeting" means a meeting held for the purpose of the discussion of matters of public interest or for the purpose of the expression of views on such matters; "Minister" means the Minister of Home Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act; "peace officer" has the meaning given to that term in section 2 of the Criminal Procedure and Evidence Act [Chapter 9:07]; "police district" means an area designated by the Commissioner of Police as a police district for the purposes of the administration of the Police Force; "procession" means a procession in a public place; "public gathering" means a public meeting or a public demonstration; "public demonstration" means a procession, gathering or assembly in a public place of persons and additionally, or alternatively, of vehicles, where the gathering is in pursuit of a common purpose of demonstrating support for, or opposition to, any person, matter or thing, whether or not the gathering is spontaneous or is confined to persons who are members of a particular organisation, association or other body or to persons who have been invited to attend;

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Public Order and Security Act [Chapter 11:17] as amended at 1st March, 2007

"public meeting" means any meeting in a public place or meeting which the public or any section of the public is permitted to attend, whether on payment or otherwise;

"public place" means any thoroughfare, building, open space or other place of any description to which the public or any section of the public have access, whether on payment or otherwise and whether or not the right of admission thereto is reserved;

"publication" includes a document, book, magazine, film, sound or visual broadcast, tape, disc or other material, medium or thing whatsoever in which, on which or by means of which a statement may be made;

"regulating authority", in relation to any area, means the police officer who, in terms of section four, is the regulating authority for that area;

"statement" means any expression of fact or opinion, whether made orally, in writing, electronically or by visual images;

"thoroughfare" means any road, street, lane, path, pavement, sidewalk or similar place which exists for the free passage of persons or vehicles.

3 ....

[Repealed by section 282 of Criminal Law Code]

4 Regulating authorities The police officer in command of each police district shall be the regulating authority for

that police district.

PART II OFFENCES AGAINST CONSTITUTIONAL GOVERNMENT AND PUBLIC SECURITY

5 to 13 ...3

[Repealed by section 282 of Criminal Law Code]

14 Temporary prohibition of possession of certain weapons within particular police districts (1) Without derogation from section 28 ("Possession of dangerous weapons") of the

Criminal Law Code, if a regulating authority believes that the carrying in public (whether openly or by concealment in a public place or public thoroughfare) or public display of any of the following weapons or items capable of use as weapons--

(a) catapults, machetes, axes, knobkerries, swords, knives or daggers; (b) any traditional weapon whatsoever, is likely to occasion public disorder or a breach of the peace, he may within his police district prohibit for a specified period of time not exceeding three months the carrying in public or public display of any such weapons or items capable of use as weapons as he shall specify. (2) A prohibition issued under subsection (1) shall not have effect until it is published--

3 The repealed provisions have not entirely disappeared from our law. See now Chapter III ("Crimes against the State") of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (No. 23 of 2004)

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Public Order and Security Act [Chapter 11:17] as amended at 1st March, 2007

(a) in a newspaper circulating in the area to which the prohibition applies; or (b) by notices distributed among the public or affixed upon public buildings in the area to

which the prohibition applies; or (c) by announcement of a police officer broadcast or made orally. (3) Any person who is aggrieved by a prohibition issued under subsection (1) may appeal against it to the Minister, and the Minister may confirm, vary or set aside the prohibition or give such order or direction in the matter as he thinks just. (4) Any person who fails to comply with a prohibition made under subsection (1) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (5) A police officer may, without warrant, seize any weapon or item capable of use as a weapon found in the possession of any person in contravention of subsection (1), and shall place in safe custody every weapon or item so seized so that it may be submitted to the jurisdiction of the court to be dealt with in accordance with section thirty-nine.

15 ...

[Repealed by section 282 of Criminal Law Code]

16 ...

[Repealed by section 282 of Criminal Law Code]

PART III The whole of this Part, headed Offences Against Public Order, was repealed by the Criminal Law (Codification and Reform) Act [Chapter 9:23] with effect from the 1st July 2006. Corresponding offences are now to be found in that Act.

PART IV PUBLIC GATHERINGS

23 Interpretation in Part IV In this Part-- "organiser", in relation to a public gathering, means every person who or organisation or association which executes or assists in executing the arrangements for or promotes the holding of the public gathering.

24 Organiser to notify regulating authority of intention to hold public gathering (1) Subject to subsection (5), the organiser of a public gathering shall give at least four

clear days' written notice of the holding of the gathering to the regulating authority for the area in which the gathering is to be held:

Provided that the regulating authority may, in his discretion, permit shorter notice to be given.

(2) For the avoidance of doubt, it is declared that the purpose of the notice required by subsection (1) is--

(a) to afford the regulating authority a reasonable opportunity of anticipating or preventing any public disorder or a breach of the peace; and

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